Mandate by private deed or notarial deed
Choice between the simple form (private deed, for day-to-day management acts) and the notarial form (for broader acts, including acts of disposal).
→ Executives · Sub-expertise
The future protection mandate is the tool that allows you to organise in advance the management of your personal and professional affairs in the event of future incapacity. For the business owner, it guarantees the continuity of governance and avoids the deadlocks linked to the opening of a court protection measure. We design bespoke mandates, articulated with the governance of your business.
→ What we cover
Choice between the simple form (private deed, for day-to-day management acts) and the notarial form (for broader acts, including acts of disposal).
Choice of the agent (relative, professional, trusted adviser), definition of their powers and any remuneration.
Precise definition of the scope: management of bank accounts, payment of charges, property management, management of participations, representation at corporate bodies.
Articulation with the articles of association and the shareholders' agreement to avoid deadlocks if the mandate is implemented (representation at general meetings, exercise of voting rights).
Activation arrangements: medical certificate, filing with the court registry, management of the transition. Securing the procedure to avoid challenges.
Periodic review of the mandate (change of agent, change in assets, modifications to governance), adjustments in line with personal and professional developments.
→ Our approach
01
Analysis of the personal situation (health, family), the asset structure (business, personal assets), the risks of incapacity and the appropriate solutions.
02
Choice of the agent, definition of the powers, articulation with the company's governance and the matrimonial regime.
03
Drafting of the mandate (private deed or notarial deed), signature, safekeeping and information of the relevant relatives.
04
Periodic review of the mandate, adjustments in the event of personal, professional or asset developments.
→ Who we help
Future protection mandate for a sole executive allowing an agent to represent their interests in the event of incapacity, ensuring the continuity of governance.
Mandate articulated with the clauses of the shareholders' agreement (voting, exit options) to avoid conflicts or deadlocks in the event of incapacity of a key partner.
Mandate covering asset management (real estate, investments, dismemberment) for an executive wishing to anticipate age-related dependency.
Mandate in the context of a blended family to appoint a trusted agent and avoid potential conflicts between spouse, children and ex-spouse.
→ Q&A
The private-deed mandate allows for day-to-day management (administration, conservation). The notarial mandate extends to acts of disposal (sale, gift), with stronger oversight. For a business owner holding significant assets, the notarial form is often recommended.
When the principal can no longer attend to their own interests, upon production of a medical certificate issued by a doctor on a specific list. The mandate must then be endorsed by the court registry to be enforceable against third parties.
Yes, in principle, which is one of its major advantages: as long as the mandate is operating, the judge does not have to open a protection measure. However, the judge may, in the event of an insufficient mandate or a difficulty, supplement it or substitute a court measure.
The mandate must explicitly provide for representation at corporate bodies and the exercise of voting rights. The articles of association and the shareholders' agreement must recognise the agent's status to avoid challenges. Prior coordination is essential to ensure smooth operation.
→ Go further
Let's talk. We respond within one business day to qualify your transaction and direct you to the firm's most suitable lawyer.
Get in touch→